TOWN OF OYSTER BAY v. DYOTT

Ordered that the order is affirmed insofar as appealed from, with costs.

When a municipality demonstrates by a strong prima facie showing that a particular act is in violation of a zoning ordinance, a preliminary injunction enjoining the commission of the act is warranted (see, Eggert v. LeFever, 222 A.D.2d 1043; City of Albany v. Feigenbaum, 204 A.D.2d 842; Town of Oyster Bay v. Sodomsky, 154 A.D.2d 455). The plaintiff Town failed to make such a showing in this case and, consequently, the Supreme Court did not improvidently exercise its discretion in denying its motion (see, Town of Oyster Bay v. Sodomsky, supra).

Bracken, J.P., O'Brien, Thompson and Altman, JJ., concur.